As Cape Coral embraces the spooky season, it is easy to get caught up in ghosts, ghouls, and costumes. However, navigating an insurance claim after an accident can feel just as frightening. While Halloween scares vanish on Nov. 1, insurance traps can haunt your financial recovery for months or even years. Below is your guide to unmasking the hidden monsters of the claims process and finding the legitimate treats that can protect your recovery
Full-Size Candy Bars: Insurance Treats Do Exist
Not everything in the insurance world is scary. Knowing your rights can reveal valuable coverages and protections:
- PIP Coverage: Florida, PIP coverage can provide quick benefits after a motor-vehicle accident. This coverage can help pay a portion of reasonable
and medically necessary treatment and qualifying lost income, without waiting to establish who caused the crash. Coverage is generally capped at
$10,000, requires initial treatment within 14 days, and may be limited to $2,500 if no emergency medical condition is determined. - Uninsured Motorist Coverage: Florida has one of the highest rates of uninsured drivers in the country, which is why uninsured motorist coverage is so
motorist coverage can protect you when the at-fault driver has no bodily-injury coverage, too little coverage to pay the full loss, or if an insurer becomes insolvent. - Safe Harbor: Florida’s 2023 bad-faith safe harbor gives a liability insurer 90 days after receiving actual notice of a claim and sufficient supporting evidence to tender the lesser of the policy limits or the claimant’s demand. A timely tender bars a bad-faith action. Sometimes, this can prompt an early resolution when damages are well documented.
An accident can be scary, but the claims process doesn’t have to be. Having an experienced personal injury attorney who knows how to litigate your case can be the ultimate treat in your bag this October.
By Kara B. Rogers, Esq.
Tricks: The Insurance Monsters You Should Avoid
When dealing with an insurance claim, certain tactics are designed to drain your settlement’s value. Watch out for these common hazards:
- The Vampire Settlement Offer: Sometimes a settlement payment arrives quickly with a tempting payout but demands a final release before you know the full extent of your injuries. Be wary of signing on the dotted line too soon.
- The Zombie Medical Record: Insurers resurrect old injuries from years ago, arguing that past issues and not your current accident caused your pain. An experienced personal injury attorney can help you to avoid getting bitten by this monster.
- The Social-Media Werewolf: Innocent vacation photos transform under an investigation into misleading “evidence” that you are not really hurt. Before you post that picture of you howling at the moon, you should check with your attorney.
- The Recorded-Statement Séance: An innocent mistake or poorly phrased answer in a recorded statement can return later to haunt your claim. Speaking to an attorney early in the claims process can help you to avoid this ghastly specter.
- The Blame-Game Boogeyman: Sometimes questions arise over whether you contributed to the accident, potentially reducing your recovery under Florida’s fault rules. Before you concede fault, you should speak with an attorney to make sure if there really is a monster under the bed.
- The Friendly-Mask Trick: It can be easy to confuse a courteous, professional adjuster with someone looking out for your best interests rather than the insurer’s bottom line. Before you assume that the person under the mask is on your side, consult with an attorney to make sure that the deal is really as sweet as you think it is.
So, enjoy Cape Coral’s haunted houses, costumes, and candy this Halloween. But when an insurance claim is involved, look beyond the monsters and tricks.
By Robson D.C. Powers, Esq.
Disclaimer: Nothing contained herein should be construed as legal advice. You should always consult an attorney for any legal questions. This article was originally published in the August Edition of the Cape Coral Sun and can be read in its original form at here.